2010年9月29日水曜日

JP Appeal Judge on distinctiveness_JP Appeal Judge on distinctivness_"Eco Magazine"

Class: 16+
Appeal No.2009-6308
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2009/11/27
Key Point: it merely shows quality of goods.
Relevant article: 3-1-3_4-1-16
contents of article: "3-1-3_Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use etc. 4-1-16_Notwithstanding the preceding Article, no trademark shall be registered if the trademark: is likely to mislead as to the quality of the goods or services;"

2010年9月27日月曜日

JP Appeal Judge on distinctiveness_"USED PARK JAPAN"

Class: 12
Appeal No.2008-22102
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2009/11/27
Key Point: it merely shows quality of goods.
Relevant article: 3-1-3_4-1-16
contents of article: "3-1-3_Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use etc. 4-1-16_Notwithstanding the preceding Article, no trademark shall be registered if the trademark: is likely to mislead as to the quality of the goods or services;"

2010年9月24日金曜日

JP Appeal Judge on famous stage name_ "twiggy"twiggy

Class: 33
Appeal No.2009-890066
Type of appeal: invalidation
Result: shall be invalided
Judgement date: 2009/11/30
Key Point: it is admired that the apperant's stage stage name "Twiggy" has been famous at the filing date of the present application.
Relevant article: 4-1-8
contents of article: "Notwithstanding the preceding Article, no trademark shall be registered if the trademark:contains the portrait of another person, or the name, famous pseudonym, professional name or pen name of another person, or famous abbreviation thereof (except those the registration of which has been approved by the person concerned);"

2010年9月23日木曜日

Philippine_faked watches, estimated value of US$9,924,000 were raid

Intellectual property rights Division of the National Bureau of Immigration raid selling counterfait swiss watch company on September 21, 2010. In advance of the raid, the memorandum of agreement (cooperation of the relevant government agencies of the government of the philippines with the federation of the swiss watch industry FH and selective TM union limited) signed on September 17, 2010.

reference: Intellectuarl property Philippines
<http://www.ipophil.gov.ph/NBIRaid_PhotoGallery09222010/index.html>
issue date: 2010/09/23

2010年9月22日水曜日

JP Appeal Judge on similarity__"pad"device

Class: 18+
Appeal No.2008-890135
Type of appeal: invalidation
Result: dismissed
Judgement date: 2009/9/2
Key Point: dissimilar in appearance


Relevant article: 4-1-11_4-1-15
contents of article: 4-1-11_Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto